laid off permenatly after FMLA

[broussard10]

The friday beforre i was to return to work from FMLA. i was told i was being laid off permenatly due to downsizing in the company. Iam being laid off before at least 4 other ppl that have less senority than i do. and thats just in my dept. alone. i believe iam being laid off because i was out on FMLA. Is this even leagal? Is there anything i can do about this?

 

[cbg]

You cannot be selected for layoff BECAUSE you took FMLA, but FMLA does not protect you from a layoff that would have happened anyway, such as a downsizing. The law does not require that they use seniority as the criteria for selection.

 

[Duranie]

You have no proof you are being laid off for the reason you took FMLA. Alot of companies are downsizing and you are not protected from losing your job because of FMLA.